PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this Site, you indicate your agreement to these Terms of Use. If you are not agreeable to these Terms of Use, please do not use this Site.

RESTRICTIONS ON USE OF MATERIALS
All materials contained in this Site are the copyrighted property of Precious Moments, Inc. ("Precious Moments"), or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Precious Moments or its affiliates. No material from this Site or any Internet site owned, operated, licensed, or controlled by Precious Moments or its affiliates may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, noncommercial home use only; provided that (i) you keep intact all copyright and other proprietary notices, (ii) you do NOT modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make other use of any of the materials obtained from this Site, (iii) you do not use the materials in a manner that incorrectly suggests an association with any of Precious Moments or any third parties products, services, or brands, and (iv) you do not download quantities of materials to a database that can be used to avoid future downloads from this Site. For purposes of these terms, the use of any such material on any other web site or computer environment is prohibited. All trademarks, service marks, trade names, and trade dress are proprietary to Precious Moments.

SUBMISSIONS
Please do not send any unsolicited original creative materials such as stories or ideas, screenplays, or original artwork to Precious Moments. While we do value your use of this Site, Precious Moments requests that you be specific in your comments regarding this Site, and not submit any creative ideas, suggestions, or materials. If you send creative suggestions, ideas, notes, drawings, concepts, or other information (collectively, the "Information") to Precious Moments, the Information shall be deemed, and shall remain the property of, Precious Moments. None of the Information shall be subject to any obligation of confidence on the part of Precious Moments.  Precious Moments shall exclusively own all now-known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information and Precious Moments shall not be liable for any use or disclosure of any Information.

CONTENT OF SUBMISSIONS
You shall not submit to this Site any materials which (i) libel, defame, invade privacy, or are obscene or pornographic; (ii) infringe the intellectual property rights, including copyrights, of any third party; (iii) violate any law or regulation; (iv) advocate illegal activity; or (v) advertise or otherwise solicit funds or are a solicitation for goods or services. You agree to indemnify Precious Moments and its officers, directors, employees, and affiliates from and against any and all third-party claims, demands, liabilities, costs, or expenses, including reasonable attorneys' fees, resulting from your submission of any materials in violation of the foregoing restrictions.

DISCLAIMER
The materials in this Site are provided "as is" and without warranties of any kind, either express or implied, to the fullest extent permissible pursuant to applicable law. .  PRECIOUS MOMENTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PRECIOUS MOMENTS DISCLAIMS ANY WARRANTY THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Precious Moments makes no warranty or representations regarding the use or the results of the use of the materials on this Site in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire cost of all necessary servicing, repair, or correction of your computer relating to accessing this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your Password and account and for all activities that occur under your account. You hereby indemnify, defend, and hold Precious Moments, its affiliates, officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or claims arising from your account. You shall use your best efforts to cooperate with Precious Moments in the defense of any claim. Precious Moments reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall Precious Moments or its affiliates be liable for any direct, indirect, incidental, special, or consequential damages resulting from or arising in connection with your access to, inability to access, or use of this Site or materials or functions on any such site, or your reliance on any information contained on this Site, even if Precious Moments have been advised of the possibility of such damages. In the event the foregoing limitation of liability set forth herein shall be for any reason held enforceable or inapplicable you agree that Precious Moments and its affiliates' total aggregate liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceeds the amount paid by you, if any, for accessing this site.

TERMINATION
This Agreement is effective until terminated by Precious Moments for any reason, with or without notice. Upon any termination of this Agreement, you agree to discontinue your use and access of this Site and immediately destroy all materials obtained from this Site and all related documentation and all copies and installations thereof, whether made under these terms or otherwise.

INTERNATIONAL USE
Neither Precious Moments nor its affiliates make any representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

GOVERNING LAW; INVALIDITY OF SEPARABLE PROVISIONS; ENTIRE AGREEMENT
This Agreement shall be construed and governed in accordance with the laws of the State of Illinois, U.S.A., regardless of the place or places of its physical execution and performance. Any actions brought by you or Precious Moments based on or arising out of this Agreement shall be brought exclusively in the Federal District Court for the Northern District of Illinois or in a state court located in said district. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This Agreement contains the entire understanding between you and Precious Moments with respect to its subject matter.

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